Informal Procedures Research Articles

Diagnosis and Treatment of Hypertensive Pregnancy Disorders. Guideline of DGGG (S1-Level, AWMF Registry No. 015/018, December 2013).

Purpose: Official guideline published and coordinated by the German Society of Gynecology and Obstetrics (DGGG). Hypertensive pregnancy disorders contribute significantly to perinatal as well as maternal morbidity and mortality worldwide. Also in Germany these diseases are a major course for hospitalization during pregnancy, iatrogenic preterm birth and long-term cardiovascular morbidity. Methods: This S1-guideline is the work of an interdisciplinary group of experts from a range of different professions who were commissioned by DGGG to carry out a systematic literature search of positioning injuries. Members of the participating scientific societies develop a consensus in an informal procedure. Afterwards the directorate of the scientific society approves the consensus. Recommendations: This guideline summarizes the state-of-art for classification, risk stratification, diagnostic, treatment of hypertensive pregnancy disorders.

The Prevention of Positioning Injuries during Gynecologic Operations. Guideline of DGGG (S1-Level, AWMF Registry No. 015/077, February 2015).

Purpose: Official guideline published and coordinated by the German Society of Gynecology and Obstetrics (DGGG). Positioning injuries after lengthy gynecological procedures are rare, but the associated complications can be potentially serious for patients. Moreover, such injuries often lead to claims of malpractice and negligence requiring detailed medical investigation. To date, there are no binding evidence-based recommendations for the prevention of such injuries. Methods: This S1-guideline is the work of an interdisciplinary group of experts from a range of different professions who were commissioned by DGGG to carry out a systematic literature search of positioning injuries. Members of the participating scientific societies develop a consensus in an informal procedure. Afterwards the directorate of the scientific society approves the consensus. The recommendations cover.

Assessing Social Communication Abilities of School-Aged Children

This article explains the importance of assessing social communication abilities of school-age children. It summarizes the effect of social communication on academic abilities, reviews terminology and definitions relevant to social communication disorders, lists areas of the brain involved in social communication, provides examples of social communication skill development, offers relevant pre-assessment considerations, as well as describes standardized instruments and informal procedures used to determine the presence of social communication deficits in school-age children.

Expert Models for the Evaluation of Innovative Entrepreneurial Projects

In times of crisis development of the economy, when there is less activity of economic entities, changes the structure of assets of organizations. There is a slowdown in innovation and entrepreneurship and innovations (products, processes) also change significantly. So the innovation risks increase dramatically. World experience shows that in periods of financial and economic crises, the most actively introduced innovations that further define the transition to economic growth. Innovative entrepreneurship in the Russian context has always been a highly risky activity. This necessitates the study and systematization of all its components and the final result - efficiency. The last crisis has identified a sharp increase in the risk of innovation development, reduced the probability of success at all stages of innovation, especially for small and medium businesses. However, by themselves these tough market conditions determine the impossibility not only of development, but even simple survival of the organization without innovations that create new business opportunities. Objectively, the growing scale of financial support of the development and commercialization of innovations leads to the fact that private financial support of the Russian entrepreneur becomes insufficient. The need to attract investments and borrowed funds determines the importance of the assessment of innovative entrepreneurial projects before-selling stage. Used in domestic practice, the normative methods for evaluating the effectiveness of innovative projects have drawbacks. In the current environment of uncertainty innovative entrepreneurial project should be considered as a complex system. Its evaluation requires consideration of a significant number of internal and external, quantitative and qualitative factors, and should be conducted by experts as an informal procedure. Expert model for the evaluation of innovative entrepreneurial projects allow us to determine their advantages and disadvantages. Being fairly objective, expert model contribute to the selection of the most effective projects to guide the development of new innovative economy.

벌금형 제도의 현대적 가치와 개인정보문제

A fine is defined to the criminal penalty which is slighter than imprisonment on a system of criminal penalty, but put practically a seat to imprisonment and similar strong discipline contrivance to commission agent in capitalism societies be doing. Also, did heavy commission, but the corporation time, a fine to consider the respect which cannot impose other criminal penalty, and cannot but impose fine penalty only to this corporation carries out art as important criminal penalty than the commission which a person does. But fine drawing of our country cannot carry out art scaring to criminal penalty to rich body as aggregate fine drawing, and a lot of, but do abatement duration of a fine so as same, and be most in spite of adjudication criminal sentence occupying at criminal case adjudication, and difference cannot do to an amount of a fine that is carrying well out the art. Therefore, and have to change to the daily fine systemdm which gained because of total fine system in order to carry out value as modern criminal penalty, and a few fines shall exchange to penalty payment system according to complement department canon of Penal Code, and social accusation protects individual information of low commission agent if so, can normally do art accomplishment of criminal penalty. The system that the maximum can guarantee right of defence of accused has to have to be introduced in procedural a few aspect to pronounce this and a fine. Specially, let explain necessary fact to be related to, and informal procedures understand, and introduction of drawing to be able to get from accord of accused is necessary for accused before charging to informal decree in order cannot be guaranteed right of defence this of accused while consisting in writing of whether accusation and adjudication are procedural at informal procedures, and to supplement respect.

A POLÍCIA JUDICIÁRIA E O COMBATE À CRIMINALIDADE.

The Judicial Police conduct the criminal investigation through informal procedures and also through the bureau instruction of the Police Inquiry doing a sort of pre-procedural “guilt formation”. It is an inquisitional action of criminal public policy wich interferes with intimacy and freedom of people with a degree of selectiviness and discretion that must be demonstrated through a referential of critical criminology. The objective of this research is to see how it builds the agenda of this public safety program and if this police action combat or induces the criminality. Seeking an alternative compatible with the referential used, the study suggests the abolition of the current model concentrated in the Union and in the United and as a hypothesis model it is offered one decentralized county model. To this conclusion, it was analyzed the police culture, legal habitus, the existing discourse among its actors, inherited investigative practices of an etiological paradigm of criminology, the form of accountability that is exerted on the steps of the investigative procedure and the method used for the investigation of crimes.

International Association of Procedural Law

At the initiative of the Moscow state university, and especially dmitry Maleshin, the International Association of Procedural Law held its annual conference for the first time in Moscow on 18–21 september 2012. the main topic of this conference was ‘Civil procedure in cross-cultural dialogue’. this event was successful. delegates from all around the world discussed such topics as Dispute Resolution in Different Societies: formal and informal procedures; Goals of Civil Justice; Civil Procedural Systems: pro and contra; Cultural Dimension of Group Litigation; and Harmonisation of Civil Procedure in Eurasia. the history of the International Association of Procedural Law, founded in florence in 1950, is the history of a collective challenge. generation after generation for over sixty years, we are writing together this history like a novel chain. this writing of this history needs editorial supports everywhere in the world. It is the reason why, on behalf of the IAPL, I am very pleased to welcome the launching of the Russian Law Journal. this first russian law review published in English language will surely help to promote intellectual exchanges between proceduralists worldwide. opening the russian legal system to the world and, conversely, opening the world to the russian legal system are the two faces of an exciting challenge.

Performance of at-risk students in dynamics following a statics class with additional recitation time

Comparisons are made between the final exam and final course grades of at-risk students in dynamics who took one of two versions of the same statics course. A standard version of the statics course met 3 hours per week over the course of a 15-week semester, while a second version met 4 hours per week. During the 11-year timeframe covered by this study, the 4-hour statics course was populated by students identified as ‘at risk’ using an informal screening procedure. For comparison with this group, using the same enrollment data, a second group of at-risk students was identified from the 3-hour statics class using a more formal screening procedure, based on logistic regression. A performance comparison of the two groups shows that the extra contact hour had a minor, statistically insignificant effect on student final exam and final course grades in dynamics. As a result of this study and a related study examining the effect of additional class time on statics performance, the 4-hour statics class is no longer offered.

Multinationals in Sub-Saharan Africa: Domestic linkages and institutional distance

This paper analyzes the role of institutional distance in the establishment of domestic linkages by multinational enterprises in a cross-section of 19 Sub-Saharan countries. Investors׳ familiarity with formal and informal procedures in the host country lowers uncertainty and facilitates networking with local firms. Hence, a similar degree of institutional development boosts linkages between domestic firms and multinationals. Using a novel dataset from the 2010 Africa Investor Survey by UNIDO, we find that institutional distance in terms of contract enforcement deters the domestic linkage if institutions are worse in host countries than in the origin country. Additionally, institutional distance matters more for multinationals from industrialized countries. The paper contributes to the literature on domestic linkages by including the understudied institutional dimension, to the still scarce literature on South–South foreign direct investment in least developed countries and contributes to the definition of clearer targets for foreign investment policies.

Improving customer capital through relationship memory at a commercial bank in Spain

The Spanish bank industry is facing its worst crisis in the last 50 years and thousands of jobs have been lost. As a result, Spanish banks that took rescue packages are trying to find innovative ways to improve customer capital. Relationship memory (RM) is a shared memory that develops idiosyncratic routines in the form of encoded formal and informal procedures and scripts for how parties have learned to do things. The main purpose of this paper is to investigate the extent to which RM facilitates customer capital in a bank specialising in property lending, which was brought to its knees when the Spanish property bubble burst. This paper examines the relative importance and significance of an ‘RM’ as a bridge between ‘exploration’ and ‘exploitation’ processes and the effects on the creation of ‘customer capital’ through an empirical investigation of 219 banking employees. The results are then calculated using structural equation modelling. This leads to the main conclusion that the development of an ‘RM’ is unlikely without it being fostered by the transformation of new knowledge and it therefore requires empowerment by its learning factors.

Social Harmony at the Cost of Trust Crisis: Goals of Civil Justice in China

This article addresses ‘social harmony’ as the ultimate goal of civil justice in China and its adverse impact on the public's trust in the justice system. The author introduces and analyses this issue in three dimen-sions: statutory law, judicial policy, and comments from scholars. This article attempts to view the situation in the context of the rapid transition China's justice system is undergoing as a result of continuous reforms. As the author indicates, although the law provides diverse and vague purposes of civil procedure, in practice the goal of dispute resolution always takes precedence over right protection, with the ultimate policy goal of ‘social harmony’. The pre-eminence of this fundamental policy goal, coupled with the common use of informal procedures and the tradition of judicial mediation, creates a civil justice with the following main features: (1) emphasis on dispute resolution especially by judicial mediation, while neglecting protection of private rights and justice; (2) overemphasis on speed or efficiency; (3) the dualism of ‘ordinary’ and ‘summary’ procedures; (4) a focus on developing procedures for routine cases and a lack of mechanisms for handing hard cases; (5) the user orientation intended by lawmakers being overridden by judges' broad powers and discounted by some binding opinions of the Supreme People's Court.

Procedural Architecture Matters

This Article examines the puzzle of whether today’s Federal Communications Commission (“FCC” or the “Agency”) is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC’s oversight, the United States’ communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today’s communications age, whether the FCC deserves blame for hamstringing innovation, or both. New tools are needed to address this puzzle. This Article develops such a tool, the procedural architecture analysis. A detail-rich examination of the FCC’s procedural architecture—viz., the Agency’s formal and informal procedures, resources, and institutional norms—reveals systemic FCC leanings that are in tension with oft-stated innovation objectives. The Article cracks the black box problem, whereby much Agency decision-making is not readily observable, by studying a key yet understudied input: the advocacy of those who practice in front of the FCC. Procedural architecture analysis reveals surprising gaps between administrative process theory’s ideals and FCC realities. Moreover, it underscores crucial reforms needed to enable the FCC to act faster, marshal independent expert resources that it conspicuously lacks, and broadly fulfill its twenty-first century imperative to facilitate telecommunications innovation.

The Erotics of Manumussion: Prostitutes and the πρᾶσις ἐπ’ ἐλευθερίᾳ

This paper explores evidence for third party manumissions, indicated in the sources by forms of λυέσθαι and λυτρώσασθαι. It considers the procedure followed and the legal status of slaves freed in this manner, but the focus is on conceptions of this method of manumission and social mentalities toward it. The paper concludes that this practice was an informal procedure of manumission used to free prostitutes. Oratory and comedy employ it as an example of youthful extravagance and to comment on an opponent’s negative mental state. It also highlights a common stereotype of prostitutes as manipulative and scheming. While the procedure of third party manumission supports arguments for different classes of freed slaves, it also questions the idea that masters imposed formal conditions on the freedom of ex-slaves in classical Athens.

Non-Parametric Preprocessing for the Estimation of Equivalence Scales

Empirically analyzing household behavior usually relies on informal data preprocessing. That is, before an econometric model is estimated, observations are selected in such a way that the resulting subset of data can be assumed to be sufficiently homogeneous with respect to the specific research question pursued. For example, households with members above retirement age may be excluded where it seems important that they differ from other households with respect to time use and home production. We propose the use of matching techniques and balance checking at this initial stage. This can be interpreted as a non-parametric approach to preprocessing data and as a way to formalize informal procedures. To illustrate this, we use German micro-data on household expenditure to estimate equivalence scales as a specific example. Our results show that matching leads to results which are more stable with respect to model specification and that this type of formal preprocessing is especially useful if one is mainly interested in results for specific subgroups, such as low-income households.

India's Grand Advocates: A Legal Elite Flourishing in the Era of Globalization

An observer of the legal scene in contemporary India quickly becomes aware of the presence of a stratum of legal superstars — advocates based at the Supreme Court and some of the High Courts who are very much in demand and widely known. These 'Grand Advocates,' as we call them, are the most visible and renowned legal professionals in present day India. Stories abound of their strategic acumen, their preternatural articulateness (speaking for hours and days without notes), their esoteric quirks and outsized incomes, and their contributions to the 'rule of law.' This elite handful of lawyers is involved in almost every high-profile case in what is one of the most active and powerful higher judiciaries in the world. Their clients include India’s new uber-rich, major multinational corporations, and the country’s political class.We argue that Grand Advocates (GAs) have not only survived, but flourished in the age of globalization — benefiting from, while resisting absorption by, the rising law firm sector. A series of structural features of litigation and the judiciary in India have played a dominating role in perpetuating this unique set of lawyers, and the culture they inhabit. Litigation in India tends to be less about money (as there are fewer deep pockets, judges rarely grant large monetary compensation, and it is difficult to collect an award), and more about control. Given the backlogged courts, cases may drag on for years and so it is necessary to secure beneficial interim orders as they relate to the ownership of property, command over an organization, or the validity of government regulation. To achieve these ends, Grand Advocates use the extensive human capital they have developed within the court system and their nuanced knowledge of both formal and informal judicial procedure. These assets are in many ways positional goods — particularly their reputational capital before certain judges–that are difficult to share with juniors or partners. They are also assets that can be used in a wide range of cases, thus lessening the pressure to specialize amongst this select group of lawyers, who are still largely generalists.

What constitutes a good hand offs in the emergency department: a patient’s perspective

The aim is to determine, from the patient's perspective, what constitutes a good hand-off procedure in the emergency department (ED). The secondary purpose is to evaluate what impact a formalized hand-off had on patient knowledge, throughput and customer service This study used a randomized controlled clinical trial involving two unique hand-off approaches and a convenience sample. The study alternated between the current hand-off process that documented the process but not specific elements (referred to as the informal process) to one using the IPASS the BATON process (considered the formal process). Consenting patients completed a 12-question validated questionnaire on how the process was perceived by patients and about their understanding why they waited in the ED. Statistical analysis using SPSS calculated descriptive frequencies and t-tests. In total 107 patients were enrolled: 50 in the informal and 57 in the formal group. Most patients had positive answers to the customer survey. There were significant differences between formal and informal groups: recalling the oncoming and outgoing physician coming to the patient's bed (p = 0.000), with more formal group recalling that than informal group patients; the oncoming physician introducing him/herself (p = 0.01), with more from the formal group answering yes and the physician discussing tests and implications with formal group patients (p = 0.02). This study was done at an urban inner city ED, a fact that may have skewed its results. A comparison of suburban and rural EDs would make the results stronger. It also reflected a very high level of customer satisfaction within the ED. This lack of variance may have meant that the correlation between customer service and handoffs was missed or underrepresented. There was no codified observation of either those using the IPASS the BATON script or those using informal procedures, so no comparison of level and types of information given between the two groups was done. There could have been a bias of those attending who had internalized the IPASS the BATON procedures and used them even when they were assigned to the informal group. A hand off from one physician to the next in the emergency department is best done using a formalized process. IPASS the BATON is a useful tool for hand off in the ED in part because it involved the patient in the process. The formal hand off increased communication between patient and doctor as its use increased the patient's opportunity to ask and respond to questions. The researchers evaluated an ED physician specific hand-off process and illustrate the value and impact of involving patients in the hand-off process.

Incorporation by Reference in Maritime Arbitration

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution - such as arbitration. One of the key requirements of an arbitration to take place is that the arbitration agreement must be in writing - as a significant departure from common law principles which allow for oral agreements as well. However, we a number of situations where an arbitration clause present in an agreement may be inducted into another by reference. This brings up the unique problem of bills of lading and their nature being that of a negotiable instrument. The question then arises as to whether the incorporation of a charterparty arbitration clause by reference into a bill of lading always reflects the true intentions of the parties to arbitrate. This paper describes how courts in the United Kingdom and the United States have dealt with this issue. In spite of differences in the approach on the two sides of the Atlantic, it is seen that such questions are dealt with on a case to case basis in both jurisdictions. Finally it is argued that in spite of the plethora of precedents, the case-to-case approach is at best, a shot in the dark for disputing parties with an equal chance of success or failure. Suggestions in order to mitigate such uncertainty are also presented.

The Effectiveness of Additional Class Contact Time on Student Performance in Statics

The effect of additional class contact time on student performance in statics is investigated. Comparisons are made between the final exam grades and final course grades of at-risk students placed on two versions of the same statics course. A standard version of the statics course meets for three hours per week over the course of a 15-week semester, while a second version meets for four hours per week. During the 11-year timeframe covered by this study, the four-hour statics course has been populated by students identified as ‘at risk’ using an informal screening procedure. For comparison purposes, using the same enrollment data, a second group of at-risk students was identified from within the standard three-hour course using a more formal screening procedure based on logistic regression. A comparison between the two groups shows that the extra contact hour had a minor, statistically insignificant effect on final exam and final course grades.

Fear and Intimacy: Citizenship in a Recife Slum, Brazil

In Brazil, citizenship rights and the institutionalisation of citizen participation have advanced significantly under the democratic regime. However, many of the urban poor are still alienated from the state and its legal system. This article argues that, to understand the citizenship of these ‘half-citizens’, it is necessary to take account of an unofficial realm of practices. I show how residents of a slum in Recife interpret and deal with the state project of registered citizenship, which finds its material expression in the compulsory carrying of identity cards. Carrying these cards is surrounded by fear of violent police control. However, obtaining identity cards through informal procedures is associated with a longing for personalised relationships with the police and other state representatives. The relationship of these residents with their identity cards is thus both fearful and affectionate, which allows us to understand their citizenship as a confluence of fear and intimacy.

Non‐Legislative Rule Making after the Lisbon Treaty: Implementing the New System of Comitology and Delegated Acts

AbstractThe reform of comitology and the introduction of the new instrument of delegated acts in the Lisbon Treaty were followed by protracted negotiations on the implementation of both articles. This article examines the resultant system that has emerged for both types of non‐legislative instruments. In the area of implementing acts, a new regulation sets out important changes: a reduction in the number of procedures, the extension of the scope to trade defence measures and the replacement of a referral to the Council with a new appeal committee. With respect to delegated acts, the search for an overarching framework resulted in a Common Understanding. Our analysis not only demonstrates the need to go beyond the treaty provisions in understanding the nature of non‐legislative rule making in the EU, but also emphasises the importance of informal procedures and non‐binding agreements in fully assessing the nature of non‐legislative rule making in this area.